the role of the district attorney in the prosecution of insurance fraud

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the role of the district attorney in the prosecution of insurance fraud

THE ROLE OF THE

DISTRICT ATTORNEY IN

THE PROSECUTION OF

INSURANCE FRAUD

The Honorable Hillar C. Moore, III

District Attorney

East Baton Rouge Parish


CHIEF PROSECUTOR

• Louisiana Constitution provides that the

District Attorney is the Chief Prosecutor

within the parish

• District Attorney is empowered to utilize

the Louisiana Attorney General to assist

in any prosecution

• Typically utilized in crimes that require

special prosecutorial expertise (e.g.

insurance fraud, Medicaid fraud, etc.)


FIRST LEVEL MEETING

• Initial contact

• Louisiana Attorney General contacts EBR District

Attorney

• EBR District Attorney contacts Louisiana Attorney

General

• Staffs meet to discuss case

• Initial meeting is typically at the investigator level

• Subsequent meetings involve the attorneys with the

Louisiana Attorney General and the District Attorney’s

staff

• General discussion of the case relative to facts,

witnesses, etc.


SECOND LEVEL MEETING

• Review witness statements

• Review investigative reports

• Review supporting documents from SIU

• Staffs jointly determine what additional

evidence, documents, etc. may be

needed


THIRD LEVEL MEETING

• Conduct follow-up interviews with

witnesses

• Ensure chain of custody

• Complete packet for next level review

with prosecuting attorneys


PROSECUTORIAL REVIEW

• Assistant District Attorney and Assistant

Attorney General meet with investigators to

discuss case

• Determine criminal statutes that have been

violated

• Determine elements of the crime that must

be proven to obtain a prosecution

• Determine what documentary evidence

and/or witness testimony will be required to

meet the burden of proof relative to each

element of the crime


GRAND JURY VERSUS

BILL OF INFORMATION

• When is a Grand Jury required?

• When can a Bill of Information be

utilized?

• Present to Grand Jury if needed, or

issue Bill of Information/Indictment


PREPARING FOR TRIAL

• Defendant may seek plea agreement

• Pretrial hearings, pretrial motions, and

other pretrial proceedings

• Prior to trial, discussions relative to a

plea agreement, pretrial intervention,

etc.

• Trial

• Jury trial

• Bench trial


The Honorable Hillar C. Moore, III

District Attorney

East Baton Rouge Parish

The Office of the District Attorney

222 St. Louis Street, Suite 550

Baton Rouge, Louisiana 70802

Telephone: (225) 389-3400

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